This analysis describes what Xfinity's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The cap places a hard ceiling on any financial recovery a user can obtain from Xfinity regardless of the severity of the harm, and that ceiling may be low relative to actual damages.
The claim limits the maximum compensation a reader can recover from Xfinity to the greater of $2,500 or three times their total payments, no matter how large their actual loss.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF, OR RELATING TO, THESE TERMS EXCEED THE GREATER OF: (A) $2,500; OR (B) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO US...— Excerpt from Xfinity's Xfinity Terms of Service
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The cap places a hard ceiling on any financial recovery a user can obtain from Xfinity regardless of the severity of the harm, and that ceiling may be low relative to actual damages.
The claim limits the maximum compensation a reader can recover from Xfinity to the greater of $2,500 or three times their total payments, no matter how large their actual loss.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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